Second Amendment Roundup: New Jersey Rifle and Magazine Bans Bite the Dust

In a landmark victory for gun rights, the Third Circuit Court of Appeals has dealt a significant blow to restrictive firearm legislation. On July 17, the court declared that New Jersey’s long-criticized ban on semiautomatic rifles and magazines holding more than ten rounds violates the Second Amendment. The case, known as Ass’n of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey (ANJRPC), resulted in a 10-5 en banc opinion authored by Judge Arianna J. Freeman. This ruling marks the first time a circuit court has invalidated an ‘assault firearm’ and magazine capacity ban, setting a powerful precedent for 2nd Amendment news across the United States.

The Common-Use Test and the Constitutional Framework

core of the ANJRPC decision centers on the ‘common-use’ test, a standard derived from the historical tradition of banning ‘dangerous and unusual’ weapons. Under the Supreme Court’s framework, the Second Amendment protects weapons that are in common use for lawful purposes at the time of a restriction. ‘Lawful purposes’ encompasses not only self-defense but also hunting and even the mere possession of the firearm.

The court clarified that while critics call the common-use test a ‘popularity poll,’ it is a mandatory requirement from the Supreme Court. The popularity of restricted weapons directly informs whether they are in common use for lawful purposes. Furthermore, the court emphasized that possession—whether keeping or bearing—is a protected right, not just the act of discharging the weapon. By following the Bruen framework, the burden shifted to New Jersey to prove that the banned semiautomatic rifles are truly ‘dangerous and unusual’ and not in common use.

Invalidating the Blanket Ban on Models

One of the most significant aspects of the ruling is the rejection of New Jersey’s specific list of banned makes and models. The court determined that the evidence supported a broad conclusion for all semiautomatic rifles, not just the popular Colt AR-15. The opinion noted that with millions of semi-automatic rifles in circulation for lawful purposes, they are plainly in common use.

The court also addressed the argument that rifles are rarely used in self-defense. The judges countered that even if a weapon is rarely employed in a self-defense incident, it can be commonly possessed for other lawful purposes, such as hunting. Additionally, the court acknowledged that while certain firearms are disproportionately used in crime, those instances represent a small fraction of the overwhelmingly lawful use cases. This logic is a major win for those looking to buy guns online without facing arbitrary state-level restrictions.

What This Means for Gun Owners Nationwide

While some judges initially wanted to wait for the Supreme Court’s ruling on related cases like Viramontes/Grant, the court found it necessary to proceed. This decision is particularly timely given Justice Kavanaugh’s statement in a recent cert denial, suggesting that forthcoming appellate decisions will assist the Supreme Court in its ultimate decision-making regarding the AR-15. While other circuits have previously upheld similar bans, the Third Circuit’s reversal provides a shift in the legal landscape.

For any gun owner or FFL dealer, this ruling reinforces the idea that states cannot simply ban firearms that are widely used by millions of law-abiding citizens. It affirms the Second Amendment as a shield against government overreach that seeks to criminalize common equipment. If you are following the latest developments in firearm rights law, make sure to check out BT Gun Company today to explore our wide selection of high-quality gear or to browse firearms that fit your specific needs.